Bereavement Leave by State: How Much Time Off Are You Entitled To?

The Federal Landscape: No National Bereavement Leave Law

Unlike many other wealthy nations, the United States has no federal statute requiring private employers to provide paid or unpaid bereavement leave. The two most commonly cited federal employment laws do not fill this gap:

• The Family and Medical Leave Act (FMLA) allows eligible employees at covered employers to take up to 12 weeks of unpaid, job-protected leave per year — but only for specific reasons: a serious health condition of the employee or a qualifying family member, the birth or adoption of a child, or qualifying military exigencies. Grief alone is not a qualifying reason under FMLA.
• The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified individuals with disabilities. If grief escalates into a clinical condition — such as major depression — the ADA may require your employer to provide accommodations, which could include additional time off. But this requires medical documentation and a formal accommodation process.

Federal employees are covered by the Federal Employees Family Friendly Leave Act, which provides some protections — but this only applies to the federal government workforce, not private-sector employees.

The practical result: for the vast majority of American workers, your bereavement leave rights depend entirely on your employer's written policy, any applicable collective bargaining agreement, and the state you work in.

States That Have Enacted Bereavement Leave Laws

A few states have created minimum protections in recent years. Here is a summary of the states with bereavement leave mandates, or paid-leave rules that apply after a death, as verified in October 2026:

Oregon (Oregon Family Leave Act)

Oregon's bereavement leave is part of the Oregon Family Leave Act (OFLA), enforced by the Bureau of Labor and Industries. It applies to employers with 25 or more employees. To qualify, you must have worked an average of 25 hours per week for 180 days. Eligible employees can take up to two weeks of leave per family member who dies, with a maximum of four weeks in a leave year. The leave must be taken within 60 days after you learn of the death.

The leave is unpaid unless you or your employer apply vacation, sick, or other paid leave. Covered family members include a spouse or domestic partner; a child, parent, sibling, stepsibling, grandparent, or grandchild, along with their spouses or partners; and anyone related by blood or affinity whose close association with you is the equivalent of a family relationship.

Illinois (Family Bereavement Leave Act)

Illinois's Family Bereavement Leave Act applies to employers covered by the federal FMLA, generally those with 50 or more employees, and to employees who are eligible under the FMLA. The Act dates to 2016 and was expanded effective January 1, 2023. Eligible employees can take up to two weeks (10 work days) of unpaid leave to attend a funeral or alternative to a funeral, make arrangements, or grieve the death of a covered family member.

The leave must be completed within 60 days after you receive notice of the death. You must give your employer at least 48 hours' notice unless that is not reasonable and practicable. If more than one covered family member dies in a 12-month period, you can take up to six weeks in total. The leave cannot exceed the unpaid time the federal FMLA allows.

Covered family members are a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. The Act also covers time off after a miscarriage, a failed assisted reproduction procedure, a failed adoption or surrogacy, a diagnosis that affects pregnancy or fertility, or a stillbirth. Employers may ask for reasonable documentation, such as a death certificate, a published obituary, or written verification from a funeral home. They may not take adverse action against you for using the leave, and you can substitute paid leave you have earned.

California (AB 1949)

California Assembly Bill 1949 took effect January 1, 2023 (Government Code section 12945.7). It applies to employers with five or more employees and requires up to five days of bereavement leave upon the death of a family member. To be eligible, you must have worked for the employer for at least 30 days before the leave begins.

Covered family members are a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The days do not need to be consecutive but must be completed within three months of the date of death. If your employer has a bereavement policy, you take leave under it. If the policy offers fewer than five paid days, you are entitled to five days in total, and the remainder may be unpaid. You may use vacation, personal leave, accrued sick leave, or compensatory time off. If asked, you must provide documentation within 30 days of the first day of leave, such as a death certificate, a published obituary, or written verification from a funeral home or similar provider. Employers must keep it confidential.

Vermont (Act 32 of 2025)

Vermont added bereavement leave to its Parental and Family Leave Act in 2025 (21 V.S.A. § 472, amended effective July 1, 2025). According to the Vermont Department of Labor, it applies to employers with at least 10 employees who work an average of 30 or more hours per week, and employees must have averaged 30 or more hours per week for the last 12 months. You can use up to two weeks (10 workdays) of unpaid leave per 12-month period, with no more than five workdays taken in a row. The leave must be taken within one year of the death and can also be used to settle the person's estate.

Covered family members are a child, parent, grandparent, grandchild, sibling, spouse, civil union partner, or domestic partner, including step, foster, adoptive, and legal relationships. Your employer may ask for proof, such as a death certificate, a published obituary, or written notice from a funeral home. You may use accrued paid leave during the unpaid leave.

Maryland (Flexible Leave Act)

Maryland has no law that gives employees a set number of bereavement days. Its Flexible Leave Act (Labor and Employment Article, section 3-802) covers employers with 15 or more employees that already provide paid leave. Those employers must let an employee use leave the employee has earned for bereavement after the death of an immediate family member, which the statute defines as a child, spouse, or parent. It does not require extra paid time off, and an employer cannot retaliate against you for using the leave.

Colorado and Minnesota (paid sick leave)

Neither state has a dedicated bereavement leave law, but both let employees use paid sick time after a death. In Colorado, a 2023 amendment to the Healthy Families and Workplaces Act (SB23-017, effective August 7, 2023) allows accrued paid sick leave to be used to grieve, attend funeral services or a memorial, or handle financial and legal matters after a family member's death. In Minnesota, earned sick and safe time can be used to make arrangements for or attend funeral services or a memorial, and to address financial or legal matters that arise after a family member's death (Minnesota Statutes section 181.9447).

Washington State

Washington does not have a bereavement leave law. The state's Labor and Industries list of permitted uses for paid sick leave does not include bereavement, and the Paid Family and Medical Leave (PFML) program does not cover bereavement in general. There is one exception: a parent who would have qualified for bonding leave with a child can take up to seven calendar days of family leave starting the day after the child's death (WAC 192-610-025).

State-by-State Bereavement Leave Table

The table below covers all 50 states. States with a specific bereavement leave law are marked Law. All other states have no state-mandated bereavement leave — your rights in those states depend entirely on your employer's policy or any applicable collective bargaining agreement.

Table reflects laws in effect as of April 2026. State laws are subject to change. Verify current requirements with your state's department of labor.

What Employer Policies Typically Cover

Even without a state mandate, most U.S. employers offer some form of bereavement leave — it is widely considered a basic workplace courtesy. According to the Society for Human Resource Management (SHRM), roughly 90% of organizations offered bereavement leave as of 2023. Here is what typical policies look like:

• Immediate family (spouse, child, parent): 3–5 days is the most common range. Many large employers — particularly in tech, finance, and professional services — now offer 5 days as a baseline, and some have expanded to 10 or more days following high-profile advocacy.
• Extended family (grandparent, sibling, in-law): Most policies provide 1–3 days.
• More distant relatives or non-family: Many employers provide 1 day, or require use of PTO.
• Miscarriage and pregnancy loss: A growing number of employers now include coverage for pregnancy loss, driven partly by state legislation (like Illinois) and broader cultural awareness.

Paid versus unpaid leave varies significantly. Most medium and large employers pay full salary during bereavement leave. Smaller employers are more likely to offer unpaid leave or require use of PTO/sick time. Union contracts often specify bereavement terms more precisely than non-union employer policies.

If you are not sure what your employer offers, your first step should be your employee handbook, available through HR or a company intranet. If the handbook is silent, ask HR directly — ideally in writing so there is a record of the response.

What to Do If Your Employer Denies Bereavement Leave

Having leave denied during a time of grief is particularly painful. Here is a practical escalation path:

Step 1: Check Whether a State Law Applies

If you work in California, Illinois, Oregon, or Vermont, and your employer meets the size threshold in that state's law, they may be legally required to provide leave. File a complaint with your state's department of labor if they refuse. In Maryland, Colorado, and Minnesota, the right is to use paid leave you have already earned. Links are in the source box at the bottom of this article.

Step 2: Explore FMLA If Your Health Is Affected

If grief has caused you to develop a serious health condition — severe depression, anxiety disorder, or another clinically diagnosed condition — you may qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act. FMLA requires your employer to have 50 or more employees and you to have worked there for at least 12 months (and at least 1,250 hours in the past year). A licensed mental health professional can document your condition if this route applies to you. See the U.S. Department of Labor's FMLA page for details.

Step 3: Check Your State's Paid Family and Medical Leave Program

Many states have paid family and medical leave (PFML) programs that may offer paid leave for qualifying health conditions, including health conditions that grief can cause. These programs are funded through employee and employer payroll contributions, and none replaces bereavement leave. States with PFML benefits available in 2026 include California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and the District of Columbia. Maryland's program is scheduled to begin paying benefits in January 2028. Vermont has no state-run program.

Step 4: Use Accrued PTO or Sick Leave

Even if bereavement leave is not specifically offered, you likely have the right to use accrued paid time off (PTO) or sick leave. Some state sick leave laws permit use of accrued sick time for bereavement — check your state's sick leave statutes. This is not a perfect solution — it depletes leave you may need for other purposes — but it preserves your income during an already difficult time.

Step 5: Request a Reasonable Accommodation Under the ADA

If your grief has resulted in a qualifying disability under the Americans with Disabilities Act — most likely a diagnosed mental health condition — you can request a reasonable accommodation from your employer. This could include additional leave, a reduced schedule, or remote work while you recover. The ADA process requires working with HR and providing medical documentation.

Step 6: Consult an Employment Attorney

If your employer is violating a state law, retaliating against you for requesting leave, or you believe your denial is discriminatory, an employment attorney can advise you at low or no cost through an initial consultation. Many employment attorneys work on contingency for wage and leave violations.

What to Ask HR When Requesting Bereavement Leave

Most people have never had to navigate bereavement leave before and are not sure what information they need. Here is what to ask — and what to provide — when you contact HR:

Questions to Ask HR

• How many days of bereavement leave does the company policy provide? Ask specifically for the number of days for your relationship to the deceased (spouse vs. parent vs. sibling vs. grandparent).
• Is this leave paid or unpaid? If unpaid, can it run concurrently with accrued PTO or sick leave?
• What documentation will the company require? Ask whether you need to provide a death certificate (which can take days or weeks to obtain), or whether an obituary, funeral program, or funeral home notice is acceptable.
• When must any documentation be submitted? Some employers require it before leave begins; others allow you to submit it afterward.
• Is there flexibility if I need more time? Ask about options for additional unpaid leave, use of PTO, or a reduced schedule for a period after bereavement leave ends.
• Will my benefits continue during bereavement leave? Health insurance and other benefits should generally continue, but confirm this.

What HR May Ask You to Provide

Employers vary in their documentation requirements. Common acceptable documents include:

• A certified copy of the death certificate (or a photocopy — certified originals are often only required for legal purposes)
• An obituary published in a newspaper or online
• A funeral home notice, memorial announcement, or funeral program
• A written statement from a funeral home confirming the death and services

In California, you have 30 days after the first day of leave to provide documentation if your employer asks. In Illinois, employers may ask for reasonable documentation but are not required to. In other states, employer requirements control, so clarify this upfront to avoid complications.

Beyond Leave: Grief Support During and After Work

Bereavement leave gives you time to attend the funeral, handle immediate practical matters, and begin processing your loss — but grief does not end when leave does. Returning to work while still grieving is one of the most common challenges people describe in the months after a loss.

There are several resources that may help:

• Employee Assistance Programs (EAPs): Many employers offer free, confidential counseling sessions through an EAP. These typically include 3 to 8 free sessions with a licensed therapist. Check with HR to find out if your employer offers this benefit and how to access it.
• Grief support groups: In-person and online grief support groups offer community with others who understand what you are going through. GriefShare, the Compassionate Friends (for bereaved parents), and the National Alliance for Grieving Children are well-established resources.
• Therapy and counseling: A licensed mental health professional who specializes in grief can provide structured support. If bereavement-related depression or anxiety is affecting your work, therapy and (in some cases) medication may be appropriate — and may support an accommodation or FMLA request if needed.
• Open conversations with your manager: Many managers are willing to be flexible — adjusted deadlines, temporary remote work, or a reduced workload — but they often will not offer unless asked. A direct, brief conversation ("I'm having a difficult time and could use some flexibility for the next few weeks") is usually all that is needed.

For a broader overview of grief resources, see our guide to Grief Support Resources. And for practical guidance on the many tasks that follow a loss, the AfterKin complete guide walks you through each step in order.

If you are also managing the practical aspects of a loss — the estate, the funeral, the accounts — see our guide to How to Plan a Funeral and the full AfterKin Guide for a complete roadmap.

Frequently Asked Questions

Is bereavement leave required by law?

There is no federal law requiring private employers to provide bereavement leave. The Family and Medical Leave Act (FMLA) does not cover bereavement. However, four states have passed their own bereavement leave laws: Oregon, Illinois, California (for employers with 5 or more employees), and Vermont. Maryland, Colorado, and Minnesota let employees use paid leave they have earned after a death. In all other states, the decision is left to the employer's policy.

How many days of bereavement leave do most employers offer?

Most private employers in the U.S. that offer bereavement leave provide 3 to 5 paid days off for the death of an immediate family member — such as a spouse, child, or parent. Leave for extended family members like grandparents, siblings, or in-laws is often shorter (1 to 3 days). Some larger employers and union contracts offer more generous terms. A 2023 SHRM survey found that roughly 90% of organizations offered some form of bereavement leave, though none are required to by federal law.

Do I need to provide proof of death to get bereavement leave?

Many employers do require documentation, but practices vary widely. Common acceptable documents include a death certificate, a published obituary, or written verification of the death or services from a funeral home or similar provider. California gives you 30 days after the first day of leave to provide documentation if your employer asks, and Illinois lets employers ask for reasonable documentation but does not require them to. A death certificate can take days or weeks to arrive, so ask HR what else they will accept. Review your employee handbook or ask HR what your employer specifically requires before or shortly after your leave begins.

What can I do if my employer won't give me time off after a death?

If your state has a bereavement leave law and your employer is covered by it, you can file a complaint with your state's department of labor. If no state law applies, explore other options: FMLA may cover you if your own health is affected by grief, state Paid Family and Medical Leave (PFML) programs may provide paid time off, the Americans with Disabilities Act (ADA) may require reasonable accommodations for a grief-related mental health condition, and many employers allow use of PTO or sick leave. Consulting an employment attorney can clarify your rights in your specific situation.

Does bereavement leave apply to the death of a pet or a friend?

Almost no bereavement leave laws or standard employer policies cover the death of a pet or a close friend. Most laws and policies define covered relationships as immediate or extended family members. However, some progressive employers do voluntarily extend leave for pet loss or non-family relationships — check your employee handbook. If your employer offers flexible PTO, you can typically use that time for any reason, including pet loss or the death of a close friend.